| Summary: | (Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1359-1369 | European Forum Insight of 27 January 2021 | (Table of Contents) I. Introduction. - II. Background. - III. The rationale for Rosneft. - IV. The approach in Bank Refah. - V. Art. 215 TFEU as the legal basis of a legal sub-system. - VI. Is there a unitary normative paradigm in the area of restrictive measures? - VII. Concluding remarks. | (Abstract) In Bank Refah (judgment of 6 October 2020, case C-134/19 P) the Court of Justice provides important clarifications on the type of judicial remedies available in relation to CFSP decisions establishing restrictive measures. As in Rosneft, the Court seems to extend its jurisdiction beyond the so-called "claw-back" provision of Art. 275, para. 2, TFEU. However, in Bank Refah the Court of Justice does not build upon the logic developed in Rosneft, but it takes a different approach. This Insight focuses on the line of argument used by the Court and seeks to identify its implication for the post-Lisbon framework of relations between CFSP and other EU policies.
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